(A) The City Council hereby grants express authority to the officers of the Morgantown Police Department and the Butler County Sheriff Department to remove any person or persons from the park and/or ban that person’s reentry into the park for such period of time as the officer deems appropriate, subject to the following conditions:
(1) Removal or ban of a person can only be for reasons of observed or reasonably suspected criminal activities, activities which are hazardous to the health and well being of any person in the park; including the person being removed or banned or activities which substantively impact the expected family atmosphere of the park.
(2) Prior to removal or ban for non-criminal activities as provided in subsection (1) above, the officer shall give a verbal warning to the person to cease those activities.
(3) Upon removal or ban, the officer shall submit a written report to his department and to the Mayor stating the person’s name, address (if known), date of removal or ban, length of removal or ban and detailed reasons therefore.
(4) The person who has been removed or banned may appeal his removal or ban to the Mayor by submitting a written statement explaining his or her reasons for the appeal and his or her account of the facts involved.
(B) Upon receipt of an appeal, the Mayor may affirm or reverse the decision or amend the length of time of the removal or ban and may also place conditions, at his or her discretion, upon reentry.
(C) Any decision by the Mayor shall be documented with the original report.
(D) A decision by the Mayor reversing or allowing reentry with conditions of a person shall not prevent or prohibit subsequent removal or banning by officers for subsequent activities.
(Ord. 2016-02, passed 6-9-16)